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RICHARD N. BELL
Plaintiff,
v.
NATIONAL HEALTHY START
ASSOCIATION
Defendant.
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) Case No. 1:16-cv-1301
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COMPLAINT
Summary of lawsuit
1.
2000 and the Indianapolis photo was registered with the U.S. Copyright office. In
2016, the Plaintiff discovered that the Defendant National Healthy Start
Association (NHSA) had published the Indianapolis photo in advertising which
appears on a website owned by Defendant NHSA, even though the Defendant had
no rights or authority to publish the Indianapolis Photo. The Plaintiff requests
damages and injunctive relief against Defendant NHSA for violations of the U.S.
Copyright laws.
JURISDICTION AND VENUE
2.
This copyright infringement action arises under 17 U.S.C. 101 et seq. This
Court has jurisdiction over this action under 28 U.S.C. 1331 (federal question), and
28 U.S.C. 1338 (acts of Congress related to copyright).
3.
This Court has personal jurisdiction over the Defendant by virtue of their
transacting, doing, and soliciting business in this District, and because a substantial
part of the relevant events occurred in this District and because a substantial part of
the property that is the subject of this action is situated here.
4.
because the named plaintiff Richard N. Bell resides in this district and because a
substantial part of the events or omissions giving rise to the claim occurred, or a
substantial part of property that is the subject of the action is situated; and/or conduct
business in this district.
PARTIES
5.
downtown Indianapolis skyline from overlooking the canal from St. Clair Avenue.
8.
law.
Indianapolis Photo
9.
Since March 2000, the Plaintiff has either published or licensed for publication
all copies of the Indianapolis Photo in compliance with the copyright laws and has
remained the sole owner of the copyright.
10.
Indianapolis Photo was first published on the World Wide Web on August 29,
The Indianapolis Photo was registered on August 4, 2011 with the United
Plaintiff and others authorized by the Plaintiff have used the Indianapolis
Photo in advertising to such an extent that the Indianapolis Photo is identified by the
public as being created by the Plaintiff.
13.
Plaintiff and others authorized by the Plaintiff have used the Indianapolis
COUNT I
COPYRIGHT INFRINGEMENT
AND UNFAIR COMPETITION
14.
Defendant is liable to Plaintiff because it had the right and ability to control
Upon information and belief, the Defendant NHSA downloaded or took the
Indianapolis Photo from the internet without permission from the owner, Richard
N. Bell and copied on to a webserver controlled by the Defendant.
18.
In April 2016, the Plaintiff discovered through the computer program Google
Defendant NHSA did not disclose the source of the stolen Indianapolis Photo
or otherwise conferred credit to the owner; instead, the Defendant willfully and
recklessly falsely claimed that it owned the copyrights of all images and photos
During the year 2016, the website of Defendant NHSA published the
Indianapolis Photo for its commercial use without paying for said use and without
obtaining the necessary authorization from the Plaintiff, the copyright owner.
21.
While the Defendant NHSA will know the exact date of first publication,
based upon the Plaintiffs investigation, during the year 2016, Defendant began
publishing the Indianapolis Photo and used the Indianapolis Photo for their
commercial use without paying for said use and without obtaining the necessary
authorization from the Plaintiff.
22.
The Defendant knew that they did not own Indianapolis Photo and knew the
Defendant had not obtained the rights to publish the Indianapolis Photo, but
recklessly and falsely represented to the world otherwise.
23.
Defendant NHSA has not paid anyone for the right to publish the
Indianapolis Photo, but instead fraudulently declared that the Defendant owned the
copyrights to the Indianapolis Photo.
24.
25.
Defendant has not agreed be enjoined from using the Indianapolis Photo.
26.
connection with its publication of the Indianapolis Photo, and that Defendants
publication of the Indianapolis Photo failed to designate the source of the stolen
Indianapolis Photo or otherwise confer credit to the owner and thereby such conduct
has disparaged the Plaintiff thus causing irreparable damage.
27.
There is a risk of infringing conduct which has caused and will likely cause
http://www.nationalhealthystart.org/site/assets/docs/Beasley.pdf
and copy the Indianapolis photo to third party Internet Users computers.
31.
Defendant NHSA is vicariously liable for each such downloaded copy of the
Indianapolis Photo initiated by each third party Internet User regardless of whether
Defendant was aware that the third party was creating the downloaded copy.
32.
Defendant is liable for all profits resulting from each downloaded copy of the
33.
Defendant knew that any use of the Indianapolis Photo would infringe copyrights
Plaintiff owns.
34.
Plaintiff has complied in all respects with 17 U.S.C. 101 et seq., and
secured the exclusive rights and privileges in and to the copyrights of the abovereferenced works.
35.
Plaintiff has been and still is the sole proprietor of all rights, title, and
result of their wrongful conduct, Defendant NHSA has realized and continues to
realize profits and other benefits rightfully belonging to Plaintiff. Accordingly,
Plaintiff seek an award of damages pursuant to 17 U.S.C. 504 and 505.
39.
determination, and, unless restrained, will cause further irreparable injury, leaving
the Plaintiff with no adequate remedy at law.
40.
your copyrighted materials that, if granted, would require that the Indianapolis
Photo not be available on
41.
http://www.nationalhealthystart.org/site/assets/docs/Beasley.pdf
which would thereby make it impossible for third party Internet users to download
copies of the Indianapolis Photo from said webpage.
42.
Defendant NHSA has willfully and deliberately engaged in, and, is willfully
engaging in, the acts complained of with oppression, fraud, and malice (Acts) and
in conscious disregard of the rights of Plaintiff. Plaintiff is, therefore, entitled to the
maximum statutory damages allowable.
43.
Examples of these willfully and deliberately Acts, include but not limited to
the following:
a. Defendant downloaded or took the Indianapolis Photo from the internet
and included said photo on the Defendants website.
b. Defendant failed to designate the source of the stolen Indianapolis Photo
or otherwise confer credit to the owner.
As a consequence of this dispute between the parties as to the rights, title, and
interest in the copyrighted articles described above, and pursuant to the Federal
Declaratory Judgment Act, 28 U.S.C. 2201 and 2202, Plaintiff also seek a
resolution of this ongoing controversy by a declaration of this Court as to the rights
of the respective parties in this matter.
THEREFORE, Plaintiff prays for judgment against Defendant NHSA as follows:
a. Declaring that Defendants unauthorized conduct violates Plaintiffs
rights under common law and the Federal Copyright Act;
b. Immediately and permanently enjoining Defendant NHSA, their
members,
officers,
directors,
agents,
servants,
employees,
representatives, attorneys, related companies, successors, assigns, and
all others in active concert or participation with them from copying and
republishing any of Plaintiffs copyrighted articles or copyrighted
Respectfully Submitted:
Date: May 25, 2016
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Exhibit A
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